The Local Self-Government Code of Georgia, the Issue of Self-Organization, and the Concept of Self-Government According to the European Charter of Local Self-Government

Abstract

The purpose of this article is the comparison of the concept of self-government provided in the European Charter, and the definition of it given in the Local Self-Government Code of Georgia, to demonstrate main differences which lead to a misinterpretation of the essence of self-government, and to answer the following questions:
1. What is the goal of self-government- to merely solve local issues or to solve these issues considering the interests of local population?
2. Which problems may arise as a result of the attempt to define in detail the powers of selfgoverning units and a procedure for exercising these powers?

In response to the above questions, the following conclusions have been drawn in this article:
1. The differences definitions exert and their actual influence on the activity of local authorities; and
2. It is the scope of powers of self-government, not a procedure for exercising these powers that
shall be prescribed by law.